For those not paying attention, HIPAA was updated several months ago and the deadline for compliance was September 23, 2014. The new HIPAA regulations do not fundamentally change the HIPAA compliance obligations for employers who sponsor HIPAA-covered plans (self-insured group health, dental, vision, pharmacy benefits, and long-term care plans; health care reimbursement flexible spending accounts;…

IRS guidance clarifies annual information reporting requirements for insurers and employers under the Affordable Care Act (ObamaCare). The required reporting enables the IRS to determine compliance with the employer and individual mandates and individual eligibility for premium tax credits under ObamaCare. Beginning in 2014, individuals must generally maintain minimum essential coverage or pay an individual…

Why do so many of the Facebook firing cases occur in the ambulance industry? Oddly, I represent many ambulance companies and none of them have ever encountered a Facebook firing situation that I am aware of. In Butler Medical Transport, LLC, two employees were terminated for posting comments on Facebook. One suggested to a former…

There is no definition of “work” in the FLSA. Generally, the workday runs from the first to the last “principal activity” of the day. Here, plaintiffs worked in a facility that produces frozen food. Under the terms of their collective bargaining agreement, they were required to change into a uniform after arriving at the facility…

Faced with difficulties in organizing broader units in a number of industries, some unions have adopted a strategy of targeting smaller units in order to convince a smaller number of employees to vote in favor of union representation. This is called micro-units. You can read more about micro-units on my website here. As a refresher…

Richard Trumka, president of the AFL-CIO believes that if unions are having a hard time increasing their ranks, they can at least restore their clout by building a broad coalition to advance a worker-friendly political and economic agenda. He will invite millions of non-union workers into the labor movement even if their own workplaces are…